UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-2024

DELTA WALSH, Individually, and on behalf

children, to-wit; R.M.; R.W.; W.W.; R.K.,

of

her

minor

Plaintiffs - Appellants,
v.
DEWAIN MACKEY, and Madison County Planning/Zoning Board, in
his official capacity as Vice-Chairman; MADISON COUNTY
PLANNING
BOARD;
MACKEY
FARMS;
MADISON
COUNTY
SCHOOL
DISTRICT; KATHY PARKER MACKEY, and Mackey Farm and Madison
County School District, in her individual and professional
capacities; KATHY RAY, in her individual capacity and in her
official capacity as Paralegal for the Twenty-Fourth
Prosecutorial District; GERALD WILSON, in his individual
capacity, and in his official capacity as Chief District
Attorney for the Twenty-Fourth Prosecutorial District;
ALEXANDER LYERLY, in his individual capacity, and in his
official as Chief District Court Judge for the Twenty-Fourth
Judicial District; SAMUEL E. PARKER, in his individual
capacity, and in his official capacity as Madison County
Magistrate; RONALD WILCOX, and the Madison County School
District,
in
his
individual
capacity,
and
in
his
professional capacity as Superintendent for Madison County
School District; ROBERT DAVIDSON, and Madison County Animal
Control, in his individual capacity, and in his official
capacity as former Director for Madison County Animal
Control; MADISON COUNTY ANIMAL CONTROL; SAM LUNSFORD, and
Madison County Animal Control, in his individual capacity,
and in his official capacity as Director for Madison County
Animal Control; JAMES HARWOOD, and Madison County Sheriffs
Department, in his individual capacity, and in his official
capacity as Madison County Sheriff; MADISON COUNTY SHERIFFS
DEPARTMENT; GEORGE COLE, in his individual capacity, and in
his official capacity as (former) Detective for the Madison
County Sheriffs Department; JOHN LEDFORD, and Madison
County Sheriffs Department, in his individual capacity, and
in his official capacity as (former) Madison County Sheriff;

LAMONA BANKS LEDFORD, in her individual capacity, and in her

professional capacity as owner/operator of Scott Banks
Trucking Company; JOHN DOES, as yet unknown and others
unnamed; DEWAIN MACKEY, and Mackey Farm and Madison County
School
District,
in
his
individual
and
professional
capacities,
Defendants Appellees,
and
JANE DOES,
Defendant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:11-cv-00321-MR-DCK)

Submitted:

November 13, 2012

Decided: November 15, 2012

Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Delta Walsh, Appellant Pro Se.

Larry Leake, LEAKE & SCOTT,
Asheville, North Carolina; Andrew B. Parker, LONG, PARKER &
WARREN, P.A., Asheville, North Carolina; Brian David Elston,
Karl Dean Shatley, II, CAMPBELL SHATLEY, PLLC, Asheville, North
Carolina; David John Adinolfi, II, Special Deputy Attorney
General, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Delta Walsh seeks to appeal the district courts order
adopting the magistrate judges recommendations and granting the
motions to dismiss certain Defendants with prejudice, denying
the motion to dismiss certain Defendants without prejudice, and
granting

Walsh

leave

to

file

second

amended

complaint

(excluding the Defendants dismissed with prejudice) or voluntary

dismissal within twenty days of the entry of the order. *
reviewed the record and find no reversible error.
we

affirm

3, 2012).

before

the

reasons

stated

by

Accordingly,
the

district

Walsh v. Mackey, No. 1:11-cv-00321-MR-DCK (W.D.N.C. Aug.

court.

legal

for

We have

We dispense with oral argument because the facts and

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

Walshs appeal from this order was interlocutory when

filed.
The district courts subsequent entry of a final
judgment permits review of the order under the doctrine of
cumulative finality.
In re Bryson, 406 F.3d 284, 287-89 (4th
Cir. 2005); Equip. Fin. Group, Inc. v. Traverse Computer
Brokers, 973 F.2d 345, 347 (4th Cir. 1992).